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re: Remember kids, there is no such thing as lawfare…

Posted on 11/11/26 at 3:20 pm to
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
8043 posts
Posted on 11/11/26 at 3:20 pm to
"What these discussions always devolve into is a discussion about legitimacy.

Perceived illegitimate actions = lawfare

Perceived legitimate actions = not lawfare

And that legitimacy is almost always built around the team concept"

Agreed. That is why I don't favor legitimacy--which can be the ends justifying the means--as part of defining what lawfare is. It doesn't make the real world problem go away, but it does help shed light on who is practicing lawfare. If you can't identify the potential crime before the investigation, it's probably lawfare.
Posted by KCT
I Lost A Bet to Crazy-arse "Owlvis"
Member since Feb 2010
52967 posts
Posted on 11/11/26 at 3:22 pm to
quote:

The definition just got 10 feet higher


Definitions

Context

Nuance


When you aren't able to defend one of your stupid positions, you always resort to ridiculous word salad stunts.

You know what I find to be ultimately ironic? You're virtually the only poster here who claims to not know what lawfare is, yet you're a lawyer.
Posted by djsdawg
Member since Apr 2015
42639 posts
Posted on 11/11/26 at 3:24 pm to
quote:

You say this quoting an argument built on a lie


Look at your dishonesty in action
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
487921 posts
Posted on 11/11/26 at 3:36 pm to
quote:

Look at your dishonesty in action

You're tripling down now

I've never argued lawfare didn't exist. That's a lie. You quoted an argument based on this lie and then said I'm a dishonest person. When I pointed this out, which is a specifically honest commentary, you claim that honesty is "dishonesty in action"

You live in a bizarro world
Posted by TigerDoc
Texas
Member since Apr 2004
12112 posts
Posted on 11/11/26 at 3:48 pm to
Fnding real wrongdoing wouldn't automatically rule out selective enforcement or abusive methods, but calling an investigation lawfare before you know its grounds or how it's being conducted can have the opposite problem of making any evidence it produces illegitimate in advance. We need an answer to what would distinguish a legit investigation of your own side from a political persecution and then whatever that standard is should also apply when the other side is being investigated.
Posted by Flats
Member since Jul 2019
29350 posts
Posted on 11/11/26 at 4:01 pm to
quote:

Fnding real wrongdoing wouldn't automatically rule out selective enforcement or abusive methods,

Correct.


quote:

or how it's being conducted


Well, we know how they've conducted them in the past.
Posted by TigerDoc
Texas
Member since Apr 2004
12112 posts
Posted on 11/11/26 at 4:12 pm to
yeah, past conduct is relevant to how much trust they've earned, but does it justify closer scrutiny of the next investigation or settle its legitimacy before we see the grounds/methods? A good starting point IMO is "is there an investigation of someone on your side that you'd consider legitimate if the evidence/procedures warranted it"? (distrust can raise the burden but that's different from an impossible level of justification)
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